North Carolina Divorce Questions

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The divorce applicants should be aware about certain facts related to divorce. Hence one should go through question answers related to divorce procedures in their state. The North Carolina divorce questions listed here will help one to understand the legal terms used in this state and the legal divorce procedures followed. It is essential for people applying for divorce to keep themselves upgraded about the legal procedures and laws followed in the state where they intent to file for divorce. The person filing a divorce need to know whether it is essential have stayed in the state where they are filing for divorce. Several divorce applicants are confused about whether to file for divorce in Superior Court or District Court. One should know the legal terms such as Plaintiff, Defendant, Decree of Divorce, and Complaint for Divorce.

The vital examples of divorce questions for North Carolina are as follows:

Is it essential to stay in this state before filing the divorce papers?

A. Immediately prior to filing the divorce papers in this state, minimum one divorcing partner should have lived in North Carolina for minimum 6 months.

Q. Where should the divorce case be filed in this state?

A. The District Court or Superior Court is the correct place where the divorce case should be filed. This Court should lie in the county in which either divorcing partner resides.

Q. Define some fundamental terms related to North Carolina divorce?

A. Plaintiff is defined as the divorcing partner who files the divorce action. Defendant is defined as the divorcing partner who is served the divorce papers. Complaint for Divorce is the document that is used to initiate the divorce proceeding. Decree of Divorce is the document that is used to grant the divorce.

Q. Which are the grounds of divorce that are recognized in this state?

A. There are 2 grounds of divorce in this state.

• The divorcing partners must have resided apart and separate for a span of 1 year in the absence of cohabitation
• Incurable insanity or mental illness of one of the divorcing partners

Q. What are the rules regarding hiring divorce lawyers?

A. In this state, there is a rule as per which both the divorcing partners cannot hire the same divorce lawyer. Two different divorce lawyers have to be hired.

The divorce rules do not make it compulsory for the divorcing partners to hire a divorce lawyer. The divorcing partners can represent themselves. However, as the divorce lawyer would offer professional help, it is advisable to hire a lawyer.

Q. If the divorcing partners have Joint Child Custody, how is the child support planned?

A. A percentage of the income of both the divorcing partners has to be paid as child support.

Q. How is the nature of an absolute divorce in North Carolina?

A. An absolute divorce indicates a termination of the marital status. If both the divorcing partners are residing separately, it is possible to claim a divorce. Moreover, there is no need of any legal document that can serves as an evidence of the separation.

Q. Explain the process of marital property distribution?

A. Equitable distribution is practiced in this state. As per this practice, the distribution of property is carried out in a fair and equitable manner and not essentially equal. The court takes into account the following factors during the marital property distribution:

• The earning potential of the divorcing partners
• The expectation of pension, retirement or other deferred compensation rights (these are not included in marital property)
• The requirements of the custodial parent
• The span of the marital life
• The mental health, physical health, and age of the divorcing partners
• Any obligation for support arising from any previous marriage
• The liabilities, property, and income of the divorcing partners
• Any other issue that is seemed proper and just by the court
• If there is an appeal showing presence of abuse, the trial court's discretion may be disturbed

The North Carolina divorce questions and their answers mentioned above will prove useful to those who are planning to file for divorce in this particular state. Here we have answered question related to martial property distribution in brief, the nature of an absolute divorce in this state, joint child custody, child support, the divorce grounds recognized in this particular state. There are two grounds of divorce in this state and the person filing for divorce in this state should be aware about it. One needs to aware about the rules related to hiring of divorce lawyers, child custody, property distribution etc.

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